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Traffic Regulations Ordinance (Cap. 65) Motor Vehicles (Carriage Of Goods By Road) Regulations (L.N. No. 146 Of 2003 )

TRAFFIC REGULATIONS ORDINANCE (CAP.65)
Motor Vehicles (Carriage of Goods by Road) Regulations
In exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance (Cap. 65), the Minister for Transport and Communications in consultation with the Malta Transport Authority, has made the following regulations>
Part I PRELIMINARY
1. (1) The title of these regulations shall be The Motor Vehicles
(Carriage of Goods by Road) Regulations, 2003.
(2) These regulations shall come into force on such a date as the Minister responsible for transport may by notice in the Gazette appoint, and different dates may be appointed for different provisions and different purposes of these regulations.
2. In these regulations, unless the context otherwise requires> “agreement” means an agreement between groups of states,
to which Malta is a party, reciprocally granting to citizens of such
states or their dependants the right to enter, remain and reside in and leave the country of such state, to move freely within such states for such period as may be established in the agreement and to work or establish, provide or receive services therein< and
‘Agreement State’ and ‘citizen of an Agreement State’ shall be
construed accordingly< and where a state is a party to such an agreement, subject to modifications and adaptations, a citizen of an Agreement State shall be subject to such modifications or adaptations as may be prescribed<

Title

Interpretation

B 1772

Act XXIII of 2000.

“authorisation” means any permission given by a recognised competent authority entitling the holder to carry out road haulage operations<
“authorised inspecting officer” means an officer appointed by the Authority to carry out inspections under these regulations, an officer of the Customs Department, or a Police Officer<
“Authority” means the Malta Transport Authority as established by the Malta Transport Authority Act<
“cabotage” means the carrying out of national road haulage services on a temporary basis (as may be defined by the Minister by notice in the Gazette), by a non-resident haulier within the territory of a country other than that in which he is resident or registered to carry out such operations<
“carriage by road” means any journey made on the public highway of a vehicle used for the carriage of goods, whether laden or not<
“combined transport” means the transport of goods between Agreement States where the vehicle uses the public highway on the initial or final leg of the journey and, on the other leg uses rail, inland waterway or maritime services, or a combination of two or more modes of transport, where these portions of the journey exceed 100 km in a straight line, and the vehicle makes the initial or final leg of the journey on the public highway within a radius not exceeding 150 km in a straight line from the inland waterway port or seaport of loading or unloading<
“Community authorisation” means an authorisation obtained by an undertaking established in a Agreement State from the competent authority in that State, or an authorisation issued by the Authority permitting the holder to carry out haulage operations in the Agreement States<
“Commissioner” means the Commissioner of Police< “country of establishment” means that country in which the
non-resident haulier is established and registered<
“daily driving period” means the driving period between any two daily rest periods or between a daily rest period and a weekly rest period<
“driver” means any person who drives the vehicle even for a short period, or who is carried in the vehicle in order to be available for driving if necessary and duly licensed in accordance with the Motor Vehicles (Driving Licences) Regulations, 2002<
“driver’s mate” means a person engaged by the haulier who shall accompany the driver in order to assist him, excluding driving, unless he is duly licensed to do so<
“ECMT” means the European Conference of Ministers of
Transport<
“goods vehicle” means rigid-bodied vehicles, tractors, trailers and semi-trailers>
(a) registered for carrying out road haulage operations in
Malta< or
(b) registered for carrying out road haulage operations in another country< or
(c) a coupled combination of vehicles, the motor vehicle of which at least is registered in the manner set out in indents (a) and (b) above and which are used exclusively for the carriage of goods>
Provided that for the purposes of these regulations a vehicle is considered as a goods vehicle if it has a minimum gross vehicle weight of 3,500 kg.
“haulier” means a person or undertaking who carries out road haulage operations whether for profit or otherwise<
“hire or reward” means the carriage of goods other than on own account<
“holder” means the person in whose name a carriage licence or cabotage licence is issued<
“normal residence” means the place where a person habitually lives, for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living>
B 1773
B 1774

L.N. 191 of 2002

Provided that, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Agreement States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in an Agreement State in order to carry out a task of a definite duration< attendance at a university or school shall not imply taking up of normal residence<
“occupation of road haulage operator” shall mean the activity of any undertaking consisting of carriage by road for hire or reward by means of a goods vehicle<
“own account” refers to carriage by road provided the following conditions are fulfilled>
(a) the goods carried are the property of the undertaking or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking<
(b) the purpose of the journey is to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own requirements<
(c) the motor vehicles used for such carriage are driven by employees of the undertaking<
(d) the vehicles carrying the goods are owned by the undertaking or have been bought by it on deferred terms or hired, provided that in the latter case they meet the conditions of the regulations regulating weights, dimensions and equipment for motor vehicles < provided further that this sub-paragraph shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used<
(e) carriage is no more than ancillary to the overall activities of the undertaking<
“public highway” means national, arterial, distributor, access and local access roads as defined in the Motor Vehicles (Driving Licences) Regulations, 2002<
“rest” means any uninterrupted period of at least one hour during which the driver may freely dispose of his time<
“rigid bodied vehicle” means any mechanically self-propelled vehicle circulating on the road, other than a vehicle running on rails, and normally used for carrying goods<
“semi-trailer” means a trailer without a front axle coupled in such a way that a substantial part of its weight and of the weight of its load is borne by the tractor or motor vehicle<
“tractor” means any mechanically self-propelled vehicle circulating on the road, other than a vehicle running on rails, and specially designed to pull, push or move trailers, semi-trailers, implements or machines<
“trailer” means any vehicle designed to be coupled to a motor vehicle or a tractor<
“undertaking” means any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality<
“valid” shall be associated with any legitimate licence as issued by the competent authority, and to mean that such a licence is in effect and current for the period stated on the licence by virtue of the licence holder having met and continues to meet fully the obligations in accordance with the regulations<
“week” means the period between 00.00 hours on Monday and 24.00 hours on the following Sunday<
3. If anything contained in these regulations which is inconsistent or in conflict with the Motor Vehicles Regulations, 1994, the present regulations shall prevail and to the extent of these inconsistencies or conflicts the Motor Vehicles Regulations, 1994 shall be deemed to be null and void.
4. Any information given to the Authority in pursuance of these regulations shall be covered by the Professional Secrecy Act.
B 1775

Inconsistencies with

L.N. 128 of 1994

Cap. 377

B 1776

Authorisation

Exemptions

Requirements to engage in the occupation of road haulage operator

Part II
ADMISSION TO THE OCCUPATION OF ROAD HAULAGE OPERATOR
5. No person shall engage in the occupation of road haulage operator for hire or reward unless duly authorised. The Authority shall issue such an authorisation if it is satisfied that the applicant meets the conditions of these regulations.
6. (a) The Authority may exempt from the application of all or some of the provisions of regulation 7, road haulage undertakings engaged exclusively in national transport operations having only a minor impact on the transport market because of>
- the nature of the goods carried, or
- the short distance involved .
(b) In the event of unforeseen circumstances, the Authority may grant a temporary exemption pending its final decision.
(2) Road hauliers engaged in removal services, carriage of building supplies, luggage transfer and courier services using vehicles exclusively on national territory, the maximum authorised weights of these vehicles being between 3.5 and 6 tonnes, shall be exempt from authorisation.
7. (1) A person wishing to engage in the occupation of road haulage operator as set out in these regulations, shall>
(a) be of good repute and conduct<
(b) be of appropriate financial standing<
(c) satisfy the condition as to professional competence. (2) Where the applicant is a natural person and cannot
satisfy the requirement in paragraph (c) of subregulation (1), the
Authority may nevertheless permit that person to engage in the occupation of a road haulage operator provided he designates to the Authority another person who can satisfy paragraphs (a) and (c) of subregulation (1), on condition that the latter shall continuously and effectively manage the road haulage operation in accordance with these regulations.
(3) Where the application is made by an undertaking that can satisfy the requirement in paragraph (b) of subregulation (1), the requirements in paragraphs (a) and (c) of subregulation (1) must be satisfied by a natural person so designated to the Authority who will continuously and effectively manage the haulier in accordance with these regulations.
8. (1) A person shall not be deemed to satisfy the requirement of good repute and conduct if he>
(a) has been convicted of serious criminal offences, including offences of a commercial nature during the last five years, or of a crime carrying a conviction of a term of imprisonment of, or exceeding three months or a fine of at least two hundred Malta liri< or of two or more crimes connected with violence<
(b) has been found guilty during the last two years of any crime carrying a conviction for an offence concerning the use of any motor vehicle<
(c) has been declared unfit to pursue the occupation of road haulage operator under any rules in force<
(d) has been convicted of serious, repeated offences against rules in force concerning>
B 1777

Good repute criterion

or,
– the pay and employment conditions in the profession
– road transport, in particular the rules relating to driving, the weights and dimensions and carrying capacity of vehicles, road or vehicle safety or damage to the environment<
(e) has been convicted of any corresponding offence under any law of a country or territory outside Malta>
Provided that the applicant was less than 18 years of age at the time of such a conviction in paragraphs (a) and (b) of subregulation (1) the periods referred to shall be respectively two years and one year.
9. (1) Appropriate financial standing of the undertaking shall consist in having available sufficient resources to ensure proper launching and proper administration thereafter of the undertaking.

Appropriate financial standing

B 1778

Professional competence

Exemptions

(2) For the purposes of assessing financial standing, the Authority shall have regard to the type of any operation and to the following>-
(a) the annual accounts of the undertaking, if any<
(b) the funds available, including cash at bank, overdraft and loan facilities<
(c) any assets, including property, which are available to provide full or partial security for the undertaking<
(d) costs, including purchase cost or initial payment for vehicles, premises, plant and equipment, and working capital.
(3) An applicant for, or holder of an authorisation issued under regulation 5 shall not be considered to be of appropriate financial standing unless he has available to him capital and reserves of an amount equal to or exceeding the aggregate of> Lm 3,600 for the first or only vehicle which is to be authorised under the licence and, Lm 2,000 for each additional vehicle which is to be authorised.
(4) For the purpose of regulation 7, the Authority may accept as evidence of financial standing confirmation or assurance given by a bank or other suitably qualified financial establishment in the format indicated in the First Schedule to these regulations. Such confirmation may be given in the form of a bank guarantee, a pledge or security, or by any other means acceptable to the Authority.
10. The conditions relating to professional competence shall be satisfied if the applicant demonstrates that he possesses the requisite skills by passing a written and, or oral examination, corresponding to the level of training for either the National or International operations as the case may be, organised by an approved body in accordance with the syllabus in Part 2 of the Third Schedule and is the holder of a certificate to that effect issued by that body. Such certificate, in the format indicated in the Second Schedule to these regulations shall serve as proof of professional competence.
11. (1) The Authority may exempt from written examination, or part thereof, applicants who can provide proof of at least five years’ practical experience as a road haulier in a managerial position.
(2) The Authority may exempt from examination, or part thereof, holders of certain diplomas or technical diplomas equivalent,
which provide proof of a sound knowledge of the subjects covered in the relevant National and International syllabi. Holders of a certificate of professional competence issued by other Agreement States may be required by the Authority to take further tests if the subjects covered therein do not correspond to the requirements in Malta.
(3) Individuals or undertakings furnishing proof to the Authority that they were authorised under Maltese rules to engage in the profession of national and, or international road passenger transport operator, on or before 1 January 1997, shall be deemed to satisfy the requirements of paragraphs (b) and (c) of subregulation (1) of regulation
7. The requirement of paragraph (a) of subregulation (1) of regulation 7 shall be met by all applicants, proof of which shall be submitted to the Authority at the time of application.
(4) The Authority shall require the haulier to submit evidence at least every five years or at the Authority’s discretion that he continues to fulfil the requirements of subregulation (1) of regulation 7.
12. The Authority may withdraw an authorisation on the following grounds>
(a) Where the holder no longer satisfies the conditions laid down in subregulation (1) of regulation 7< or
(b) Where the holder has supplied incorrect information to the Authority in relation to the issue or renewal of the authorisation< or
(c) Where the holder has breached any of the conditions of his authorisation and has not remedied such breach in spite of his having been given written notice of the breach and a reasonable time in which to do so.
(d) In the event of serious infringements of these regulations, the Authority may suspend the authorisation. Such suspension shall be imposed having regard to the seriousness of the infringement and shall be subject to appeal before an appeals board to be set up according to the provisions of the Malta Transport Authority Act.
Where offences against the rules governing road haulage have been committed by a non-resident haulier and might lead to withdrawal of the authorisation to practise as a road haulage operator, the Authority shall provide the Agreement State in which the haulier is established with all the information in its possession concerning those offences and the penalties imposed.
B 1779

Checks on compliance

Withdrawal of authorisation

Cap. 372

B 1780

Death or other incapacity

Minimum age of drivers

LN 191#2002

Minimum ages of drivers engaged in international carriage of goods

Minimum level of training

13. In the event of the death or physical or legal incapacity of the natural person engaged in the profession of road haulage operator or of the natural person who satisfies the requirements of subregulation (1) of regulation 7, the Authority may permit the carrying on of the business of a road passenger transport operator on a temporary basis for a maximum period of one year, with extension for a maximum period of six months. The Authority may, by way of exception and in certain special cases, definitively authorise a person not fulfilling the requirement of professional competence referred to in regulation 10 to operate the undertaking provided that such person possesses at least three years’ practical experience in the day-to-day management of the undertaking
Part III SOCIAL MEASURES General provisions
14. The minimum age for drivers engaged in carriage of goods by road shall be as specified in Motor Vehicles (Driving Licences) Regulations, 2002.

International Carriage of Goods

15. The minimum ages for drivers engaged in international carriage of goods by road shall be as follows>
(a) For vehicles, including, where appropriate, trailers or semi-trailers, having a permissible maximum weight of not more than 7.5 tonnes, 19 years<
(b) for other vehicles>
– 21 years or
– 19 years provided that the person concerned holds a certificate of professional competence issued by the Authority or by the competent authority of an Agreement State confirming that he has completed a training course mentioned in regulation 16.
16. The minimum level of training for drivers aged over 19 years and under 21 to engage in the carriage of goods by road shall consist of a course covering the subjects provided in the Third Schedule to these regulations.
17. (1) Drivers of the ages mentioned in the previous regulation shall also have obtained a national driving licence for vehicles intended for the carriage of goods by road under the Motor Vehicles (Driving Licences) Regulations, 2002.
(2) The programme and organisation of the course of vocational training referred to in subregulation (1) shall be laid down by the Authority. Proof that this training has been completed shall be furnished by means of an examination or a check carried out by the Authority.
(3) Upon completion of the said course, drivers referred to in subregulation (1) shall undergo an examination or check to be carried out by the Authority.
(4) Drivers carrying out national transport within Malta and drivers carrying out international transport in vehicles registered in Malta may be required by the Authority to undergo more extensive training than that provided for in the Third Schedule.
18. (1) The Authority shall issue a certificate of professional competence to persons who meet the requirements laid down in regulation 16.
(2) Rights acquired pursuant to the provisions referred to in subregulation (1) prior to the entry into force of these regulations shall remain valid in the same way as certificates issued pursuant to these regulations.
19. A driver attestation as contained in the Ninth Schedule to these regulations shall be issued by the Authority to any haulier who>
(a) Is the holder of a Community authorisation<
(b) Lawfully employs drivers who are nationals of non- Agreement States in accordance with any laws or regulations governing the conditions of employment and vocational training in force in Malta or by any collective agreement in accordance with such laws or regulations.
20. The driver attestation shall be subject to a maximum validity period of five years, a true copy of which shall be kept at the haulier’s premises.
B 1781

Driving licence

Certificate of professional competence

Driver Attestation for hauliers using drivers who are nationals of non- Agreement State

Validity period

B 1782

Minimum ages for drivers’ mates

Applicability of

AETR

Daily driving periods

Breaks

21. (1) The minimum age for drivers’ mates shall be 18 years. (2) In the case of internal transport operations the
Authority may reduce the minimum age for drivers’ mates to 16 years on a case-by-case basis, on condition that this is for purposes of vocational training and subject to relevant employment legislation.
22. The European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) shall apply instead of these regulations to international road transport operations> -
(a) between Malta and countries that are Contracting Parties to the AETR, or in transit through such countries, for the whole of the journey where such operations are carried out by vehicles registered in Malta, an Agreement State or in one of the said third countries<
(b) between Malta and a country which is not a Contracting Party to the AETR in the case of any journey made within the Community or between Malta and the Community where such operations are carried out by vehicles registered in one of those countries.
23. (1) (a) The daily driving period shall not exceed nine hours. It may be extended twice in any one week to 10 hours.
(b) A driver must, after no more than six daily driving periods, take a weekly rest period as defined in subregulation (3) of regulation 25.
(c) The weekly rest period may be postponed until the end of the twelfth day if the total driving time over the twelve days does not exceed the maximum corresponding to twelve daily driving periods.
(2) The total period of driving in any period of two consecutive weeks shall not exceed 90 hours.
24. (1) After four-and-a-half hours driving, the driver shall observe a break of at least 45 minutes, unless he begins a rest period.
(2) This break may be replaced by breaks of at least 15 minutes each distributed over the driving period or immediately after this period in such a way as to comply with the provisions of subregulation (1).
(3) During these breaks, the driver may not carry out any other work. For the purposes of this section, the waiting time and time not devoted to driving spent in a vehicle in motion, a ferry, or a train shall not be regarded as ‘other work’.
(4) The breaks observed under this regulation may not be regarded as daily rest periods.
25. (1) (a) In each period of 24 hours, the driver shall have a daily rest period of at least 11 consecutive hours, which may be reduced to a minimum of nine consecutive hours not more than three times in any one week, on condition that an equivalent period of rest is granted as compensation before the end of the following week.
(b) On days when the rest is not reduced in accordance with the first subparagraph, it may be taken in two or three separate periods during the 24-hour period, one of which must be of at least eight consecutive hours. In this case the minimum length of the rest shall be increased to 12 hours.
(2) During each period of 30 hours when a vehicle is manned by at least two drivers, each driver shall have a rest period of not less than eight consecutive hours.
(3) In the course of each week, one of the rest periods referred to in subregulations (1) and (2) hereof shall be extended, by way of weekly rest, to a total of 45 consecutive hours. This rest period may be reduced to a minimum of 36 consecutive hours if taken at the place where the vehicle is normally based or where the driver is based, or to a minimum of 24 consecutive hours if taken elsewhere. Each reduction shall be compensated by an equivalent rest taken en bloc before the end of the third week following the week in question.
(4) A weekly rest period which begins in one week and continues into the following week may be attached to either of these weeks.
(5) Any rest taken as compensation for the reduction of the daily and, or weekly rest periods must be attached to another rest of at least eight hours and shall be granted, at the request of the person concerned, at the vehicle’s parking place or driver’s base.
(6) The daily rest period may be taken in a vehicle, as long as it is fitted with a bunk and is stationary.
B 1783

Daily rest period

B 1784

Interruption of daily rest period

Payments to wage- earning drivers

Road and personal safety

Undertakings to organise drivers’ work

26. Notwithstanding subregulation (1) of regulation 23, a driver engaged in the carriage of goods who accompanies a vehicle which is transported by ferryboat or train, may interrupt the daily rest period once only, provided the following conditions are fulfilled>
(a) that part of the daily rest period spent on land must be able to be taken before or after the portion of the daily rest period taken on board the ferryboat or the train,
(b) the period between the two portions of the daily rest period must be as short as possible and may on no account exceed one hour before embarkation or after disembarkation, customs formalities being included in the embarkation or disembarkation operations,
(c) during both portions of the rest period the driver must be able to have access to a bunk or couchette.
The daily rest period, interrupted in this way, shall be increased by two hours
27. Payments to wage-earning drivers, even in the form of bonuses or wage supplements, related to distances travelled and, or the amount of goods carried shall constitute an offence under these regulations, unless these payments are of such a kind as not to endanger road safety.
28. Insofar as road safety is not thereby jeopardised and to enable him to reach a suitable stopping place, the driver may depart from the provisions of these regulations to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of and reason for his departure from those provisions on the record sheet of the recording equipment or in his duty roster.
29. (1) The undertaking shall organise drivers’ work in such a way that drivers are able to comply with the relevant provisions of these regulations and any other relevant legislation.
(2) The undertaking shall make periodic checks to ensure that all legal requirements have been complied with. If breaches are found to have occurred, the undertaking shall take appropriate steps to prevent their repetition
30. The Authority may grant exceptions from the application of the provisions of regulations 15 to 29 to road haulage operations carried out in exceptional circumstances, if such exceptions do not seriously jeopardise the objectives of these regulations. In urgent cases it may grant a temporary exception for a period not exceeding 30 days.
Part IV MARKET ACCESS

Access to the national market

31. (1) In order to carry out national road haulage operations using goods vehicles on a permanent basis, any undertaking must be authorised as provided for in regulation 5.
(2) The Authority shall provide the holder with a certified true copy of the authorisation for every vehicle for which it is to be used.
(3) The vehicles for which the authorisation is being used shall be at the exclusive disposal of the holder when hired, and must be driven by employees of the holder or the holder himself.
(4) The Authority shall lay down such other rules as necessary governing the requirements of national road haulage operations and market access.

Access to the Community market

32. Under the conditions established in regulation 34, all types of carriage by road for hire or reward and on own account listed in Part I of the Fourth Schedule where such carriage is performed to or from or in transit through Malta are liberalised.
33. The types of carriage and unladen journeys made in conjunction with the types of carriage listed in Part I of the Fourth Schedule shall be exempted from the requirement of obtaining an authorisation under this Part.
34. (1) The Authority shall issue a Community Licence in accordance with the model set out in the Fifth Schedule to any road haulage operator fulfilling the following conditions>
B 1785

Exceptions

Haulier’s licence

Liberalisation

Exemptions

International carriage of goods.

B 1786
(a) he is authorised under regulation 5<
(b) he satisfies the conditions laid down in accordance with rules in the Agreement States on the admission to the occupation of road haulage operator in national and international transport operations in accordance with regulation 7<
(c) he meets legal requirements on road safety as far as the standards for drivers and vehicles are concerned.
(2) In order to carry out international road haulage operations using goods vehicles between Malta and Agreement States for hire and reward any carrier satisfying the criteria laid down in subregulation (1) must hold a Community authorisation in conjunction with a driver attestation if the driver is a national of a non-Agreement State.
(3) The Authority shall issue the haulier with the original of a Community authorisation, which shall be kept by the haulier, and the number of certified true copies corresponding to the number of vehicles used for the international carriage of goods at the disposal of the holder of the Community authorisation, either in full ownership or any other form, notably by virtue of an instalment-purchase contract, a hire contract or a lease contract.
(4) The Community authorisation shall be issued in the name of the haulier and shall be non-transferable. A certified true copy of the Community licence shall be carried on the vehicle and shall be presented at the request of any authorised inspecting officer.
(5) The Community licence shall be issued for a period of five years and shall be renewable.
(6) The Community authorisation shall replace the document issued by the Authority certifying that the carrier has access to the market for the international carriage of goods or any prior authorisation.
(7) When an application for a licence is submitted, and least every 5 years thereafter, the Authority shall carry out a review whether the haulier satisfies or continues to satisfy the conditions established under these regulations.
(8) A Community authorisation shall also be valid for national operations.
35. If the conditions established under these regulations are not satisfied, the Authority shall reject the application for the issue or renewal of the application as the case may be, and shall give reasons for such a decision.
36. (1) The Authority may withdraw an authorisation on the following grounds>
(a) where the holder no longer satisfies the conditions laid down in regulations 5 to 13 and 19< or
(b) where the holder has supplied incorrect information to the Authority in relation to the issue or renewal of the authorisation.
(2) In the event of serious infringements or repeated minor infringements of these regulations, the Authority may inter alia temporarily or partially suspend the authorisation and may withdraw the driver attestation of such hauliers where they are established in Malta and may also make the issue of driver attestations subject to additional conditions in order to prevent use. Such measures shall be imposed having regard to>
(a) the seriousness of the infringement< and
(b) the total number of certified copies of the authorisation held by the holder in respect of international traffic.
37. Any decision by the Authority in accordance with regulation
36 shall be subject to appeal before an appeals board to be set up according to the provisions of the Malta Transport Authority Act.

Access to the market in ECMT member countries

38. The performance of road haulage operations to or from or within ECMT member countries shall be subject to an ECMT licence.
39. (1) Such licence shall be obtained upon an application being submitted in writing to the Authority accompanied by a manufacturer’s certificate of conformity in accordance with guidelines contained in the Sixth Schedule of these regulations and any information it may require for this purpose.
(2) The Authority shall recognise ECMT licences issued in other ECMT member countries.
B 1787

Rejecting an application

Withdrawal of authorisation and attestation

Appeals

Road haulage in

ECMT Members

Obtaining ECMT

licence

B 1788

Use of ECMT

licence

Vehicle covered by licence

Name of person operating the vehicle

Exemptions

Logbook

(3) An ECMT licence shall only be valid for one vehicle at any one time, and shall be carried on board the vehicle for the entire journey.
40. The ECMT licence holder may also use such licences for vehicles which are leased or hired without driver.
41. (1) The vehicle for which the ECMT licence is being used shall be at the exclusive disposal of the holder when hired, and must be driven by employees of the holder or the holder himself.
(2) The following must also be kept in the vehicle>
(a) the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the vehicle identification number<
(b) where the driver is not the person hiring the vehicle, the driver’s employment contract or a certified extract from that contract giving in particular the name of employer, the name of the employee and the date and duration of the employment contract, or a recent pay slip.
(3) Where the Authority deems it necessary, it may replace the documents referred to in subregulation (2) by an equivalent document issued for that purpose.
(4) An ECMT licence is non-transferable.
42. The name of the person operating the vehicle on behalf of the lessor shall appear on the first page of the licence.
43. The transport operations described in Part II of the Fourth Schedule to these regulations shall be exempt from the requirement of an ECMT licence.
44. (1) The holder of an ECMT licence shall keep a logbook, in the format prescribed by the Authority and made out in his name. Such logbooks shall not be transferable.
(2) The logbook shall bear the same number as the ECMT licence to which it refers and shall be kept on board the vehicle together with such licence.
(3) The haulier shall produce the logbook for inspection upon demand by an authorised inspecting officer, who may then stamp the logbook.
45. (1) An ECMT licence shall be invalid if it does not contain the following particulars entered indelibly>
(a) name or business name and full address of the undertaking<
(b) signature and stamp of the body issuing the licence< (c) dates on which the validity of the licence begins and
ends<
(d) date of issue of the licence.
(e) Licences for “green” or “greener and safe” or “EUR03 safe” vehicles, as defined in the Sixth Schedule to these regulations, are also considered invalid, if a spot check shows that the emission or safety requirements laid down for such vehicles are not fulfilled.
(2) Licences may be withdrawn by the Authority, more particularly in the event of serious or repeated infringements and in cases of insufficient use or use for bilateral transport operations only.
(3) In case that it is discovered that a forged, lost or stolen ECMT licence is being used, or that an EMCT licence is being used by a haulier other than the licence holder or in case of use of a forged certificate, the licence is to be withdrawn immediately and communicated to the competent authority in the country of the haulier’s registration.
(4) Likewise if it is discovered that an outdated or expired ECMT licence is being used, it shall be withdrawn immediately and communicated to the relevant authority.
46. Licences that are withdrawn or surrendered may be re-issued to other hauliers for the remaining period of validity. In such cases, licences shall be cancelled and replaced by a reserve licence before being issued to another haulier for the remaining period of time.
47. (1) Where licences are cancelled or replaced, the Authority shall inform the ECMT Secretariat.
B 1789

Requirements for validity

Withdrawn or surrendered ECMT licences

Cancellation or replacements of ECMT Licences

B 1790

Bilateral agreements

Entitlement to carry out cabotage

Own account Format Holders

(2) Similarly, forged certificates for “green” or “greener and safe” or “EUR03 safe” vehicles shall be transmitted to the competent authority of the country in which the vehicle is registered.
(3) In cases where a licence is lost or stolen, the issuing Authority or body must be notified immediately. The Authority may replace it by another licence for the remaining period of validity.
(4) The Authority shall notify the ECMT Secretariat of the serial numbers of lost or stolen licences and of their replacements.

Access to the market in other countries

48. The Authority shall by means of regulations determine the conditions for market access relating to countries with which Malta has bilateral agreements other than Agreement States or ECMT member countries subject to the provisions of such agreements.

Access to the national market by non-resident hauliers established in

Agreement States (‘Cabotage’)

49. Any haulier for hire or reward who is a holder of a Community authorisation and whose driver, if he is a national of a non-Agreement State, holds a driver attestation, shall be entitled, under the conditions laid down in these regulations, to carry out cabotage operations on a temporary basis in Malta, without having a registered office or other establishment in Malta.
50. Any road haulage operator shall be permitted to carry out cabotage operations on an “own account” basis.
51. A cabotage authorisation shall be issued by the Authority in the format indicated in the Seventh Schedule to these regulations.
52. (1) Such authorisations shall be issued in the name of the haulier and shall not be transferable.
(2) A cabotage authorisation may only be issued for one vehicle at a time.
(3) Undertakings entitled in Malta to carry out road haulage operations on own account shall be entitled to receive the cabotage authorisations in accordance with these regulations under the same conditions as undertakings performing road haulage operations for hire or reward.
53. A non-resident haulier shall have at his disposal the vehicle either under full ownership or under any other title including a hire- purchase, hire or leasing contract.
54. (1) In the case of hiring, the vehicle shall be hired by the haulier in the Agreement State of establishment to carry out cabotage operations. However, in order to complete a cabotage operation interrupted because of a breakdown or an accident, the non-resident haulier may hire a vehicle in Malta under the same conditions as resident hauliers and the cabotage licence may be transferred to this replacement vehicle. The Authority shall be informed of this transfer
(2) The cabotage authorisation and the hiring contract, if any, shall be kept in the motor vehicle.
(3) The cabotage authorisation must be produced whenever requested by authorised inspecting officers.
55. The period of validity of a cabotage authorisation must be entered on the authorisation by the Authority.
56. (1) Transport operations effected under a cabotage authorisation shall be entered in a book of record sheets and the sheets shall be returned with the authorisation to the Authority within eight days of the expiry of the authorisation.
(2) The book of record sheets shall correspond to the format indicated in the Eighth Schedule to these regulations.
57. The performance of cabotage transport operations shall be subject to any law, regulation or other measure in force in Malta, in particular relating to>
(a) the rates and conditions governing the transport contract<
(b) weights and dimensions of road vehicles shall meet the conditions of the regulations regulating weights, dimensions and equipment for motor vehicles <
(c) requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals<
B 1791

Title of vehicles

Hiring by a haulier

Period of validity

Book of record sheets

Conditions

B 1792

Production of authorisation

Technical standards

Use of vehicles without drivers

(d) driving and rest time<
(e) value added tax (VAT) on transport services. Provided that this regulation shall apply equally to resident and non-
resident hauliers established in the Agreement States.
58. The Community authorisation or a certified true copy thereof shall be kept on board the vehicle and shall be produced when requested by any authorised inspecting officer.
59. The technical standards of construction and equipment of vehicles used to carry out cabotage operations shall comply with the requirements for vehicles put into circulation in international transport.
Part V
USE OF VEHICLES WITHOUT DRIVERS UNDER NATIONAL OPERATION
60. (1) It shall be possible to use within the territory of Malta vehicles hired by undertakings established in Agreement States other than Malta provided that>
(a) the vehicle is registered or put into circulation in compliance with the laws in the country of registration<
(b) the contract relates solely to the hiring of a vehicle without a driver, and is not accompanied by a service contract concluded with the same undertaking covering driving or accompanying personnel<
(c) the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract<
(d) the vehicle is driven by personnel of the undertaking hiring it<
(e) proof of compliance with the conditions of paragraphs (a) to (d) hereof is provided by the following documents, which must be on board the vehicle>
- the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the vehicle identification number<
- where the driver is not the person hiring the vehicle, the driver’s employment contract or a certified extract from that contract giving in particular the name of employer, the name of the employee and the date and duration of the employment contract, or a recent pay slip.
(2) Where the Authority deems it necessary, it may replace the documents referred to in paragraph (e) by an equivalent document issued for that purpose.
Part VI
RATES AND CONDITIONS FOR THE CARRIAGE OF GOODS BY ROAD
61. (1) This regulation and regulation 62 shall apply to the carriage of goods by road in Malta for hire or reward even if, at the time of such carriage operations, part of the journey is performed>
– in transit through another country< or
– by a road vehicle which is carried by another means of transport, without intermediate reloading of the goods.
(2) The rates for the carriage operations referred to in subregulation (1) shall be set by free agreement between the parties to the haulage contract.
62. For the purposes only of market surveillance the Authority may request hauliers, forwarding agents, freight brokers and other transport agents to provide information concerning the rates charged for international carriage of goods by road.
B 1793

Rates to be set by free agreement

Power to request information

B 1794

Vehicle safety

Securing of loads

Load heights

Damage to highways

Exhaust emissions

Stopping of goods vehicles

Part VII
USE OF GOODS VEHICLES IN MALTA
63. Any goods vehicle used on the public highway shall be fit and safe for the conveyance of goods
64. Any goods vehicle used on the public highway shall have its load firmly secured or appropriately covered so as to prevent any part of it falling or spilling out onto roadway or otherwise endangering the safety of traffic or of persons.
65. In no case shall the load being carried by a goods vehicle > (a) reach a height which will impair the stability of the
vehicle<
(b) reach a height that would render the vehicle in excess of the maximum permissible height contained in the regulations regulating the weights, dimensions and equipment of motor vehicles<
(c) project beyond the overall width of the body.
In special cases, however, the Commissioner of Police in consultation with the Authority may give temporary permission in writing to the owners of goods vehicles to depart from the conditions laid down in paragraphs (b) and (c) subject to any conditions he deems fit.
66. In the event of damage of any kind being caused to the public highway or any related equipment or street furniture the haulier shall be responsible for the full costs of restoration of the status quo ante. All goods vehicles driving on roads in Malta shall be covered by a valid insurance policy which provides cover for such eventualities.
67. No person shall drive or permit to be driven a goods vehicle when, from any cause whatsoever, the exhaust pipe or its connections emit any smoke, grit, sparks, ashes, cinders or oily substances.
68. No person shall stop, whether temporarily or otherwise, and leave unattended, or shall park any goods vehicle or leave a container in any public highway or public open space whether enclosed or otherwise other than in an authorised parking place or at an authorised container storage depot>
- Provided that the Commissioner may in exceptional cases, in any particular case, and under such conditions as he may deem fit to impose, grant an exemption from this provision>
- Provided further that the Commissioner may also issue a licence for empty containers to be parked or stacked in factory grounds, whether privately owned or otherwise, as specified in such licence, under such conditions as he may deem fit to impose.
69. The parking of goods vehicles in an authorised parking place or an authorised storage depot must fully comply with any rules and regulations in force relating to the parking of such vehicles.
70. The loading and unloading of goods vehicles on the public highway shall be subject to any relevant traffic regulations prevailing at the time.
B 1795

Parking of goods vehicles

Loading and unloading of goods vehicles

that
71. (1) Passengers may not be carried by goods vehicles except

Carriage of passengers

(a) one person may be permitted to sit next to the driver of a goods vehicle whilst it is in use<
(b) they are the persons who are in charge of the goods or engaged in loading and unloading them.
(2) The Commissioner may, in special cases, grant permission> (a) to owners of goods vehicles to carry persons in their
vehicles other than those in charge of the goods<
(b) to bona fide contractors and bona fide bodies to transport workmen free of any charge or reward in their goods vehicles, from the mustering point to their principal place of work and other work sites and return provided such places of work are not situated within easy reach of an established bus route and provided that there is in respect of such goods vehicle an appropriate insurance to cover workmen carried therein free of charge.
72. Fish and fresh meat may not be carried in goods vehicles unless these are specially constructed and approved the Chief Government Medical Officer in Malta or a recognised competent authority from an Agreement State for that purpose.

Carriage of fish and meat

B 1796

Carriage of dangerous goods

Combined transport

Details to be recorded

Hauling on final section

Own account sections.

73. Any vehicle being operated nationally or internationally carrying dangerous goods as defined in the European Agreement concerning the International Carriage of Dangerous Goods by Road, 2003 (“ADR Agreement”) shall comply with the requirements of the regulations regulating the carriage of dangerous goods by road.
Part VIII
COMBINED TRANSPORT OF GOODS
74. In the case of combined transport for hire or reward, a transport document shall be presented to the Authority upon request. Such document shall specify the rail loading and unloading stations relating to the rail leg, or the inland waterway loading and unloading ports relating to the inland waterway leg, or the maritime loading and unloading ports relating to the maritime section of the journey, and the road loading or unloading stations or ports relating to a road leg not being the initial or final leg of the journey.
75. (1) Details referred to in the previous regulation shall be recorded before the transport operation is carried out and shall be confirmed by means of a stamp affixed by the relevant authority when the Maltese leg of the journey has been completed.
(2) Any haulier established in a Agreement State who meets the conditions of regulations 5 to 29 shall have the right to carry out the initial or final road haulage legs of a combined transport operation. In addition, a haulier for hire or reward shall comply with security pass arrangements in force in the port areas.
76. Where a trailer or semi-trailer belonging to an undertaking engaged in own-account haulage is hauled on a final section by a tractor belonging to an undertaking engaged in transport for hire or reward, the transport operation so effected shall be exempt from presentation of the document provided for in regulation 74. However, another document shall be provided giving evidence of the journey covered or to be covered by rail, by inland waterway, by sea or by road, where that part of the journey covered by road does not form the initial or final leg.
77. (1) Where the dispatching undertaking carries out the initial road haulage leg on its own account, the receiving undertaking may carry out the final leg on its own account, even though the trailer or semi-trailer is registered or hired by the dispatching undertaking.
(2) Where the receiving undertaking carries out the initial road haulage leg on its own account, the dispatching undertaking may carry out the final leg on its own account, even though the trailer or semi-trailer is registered or hired by the receiving undertaking.
Part IX INSPECTIONS
78. The haulier’s authorisation shall be carried on the vehicle and shall be presented at the request of any authorised inspecting officer.
79. Hauliers shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods and regarding equipment, weights and dimensions. In order to ensure compliance with these regulations, authorised inspecting officers shall be empowered to>
(a) check the books and other documentation relating to the operation of the transport undertaking<
(b) make copies of, or take extracts from, the books and documentation on the premises<
(c) have access to all the transport undertaking’s premises, sites and vehicles<
(d) require the production of any information contained in books, documentation or databases.
80. The Authority shall check on the compliance of the international haulier through random checks carried out at the quayside, roadside or at the premises of the undertaking.
81. Quayside or roadside checks shall cover
(a) daily driving periods, daily rest periods, breaks< (b) last weekly rest period (where appropriate)<
(c) technical requirements of the regulations regulating weights, dimensions and equipment for motor vehicles <
B 1797

Presentation of authorisation

Powers of inspections

Inspections at quayside or roadside

Elements of checks

B 1798

Inspections at premises

Checks at the request of the Authority

Amendment to

L.N. 128 of 1994

.

(d) any books or documentation relating to journey authorisation<
82. Checks shall also be carried out at premises of internationally operating hauliers established in Malta and shall include the following.
(a) weekly rest periods and driving periods between these rest periods,
(b) two-weekly limitation of driving hours,
(c) compensation for reduced daily or weekly rest periods, (d) the use of record sheets and, or the organisation of
drivers’ working times.
83. For the purposes laid down in these regulations, checks carried out on the basis of relevant documents handed over by undertakings at the request of the Authority, shall have the same status as checks carried out at the premises of undertaking
Part X AMENDING PROVISIONS
84. Part VIII of the Motor Vehicles Regulations, 1994 is hereby repealed.

(Regulation 9)

1. We have prepared, without carrying out an audit, a statement of affairs as at ………………… (date) from the accounting records of ………………………………………., hereinafter referred to as “the firm”, having its principal business address at ….…………………………

………………………………………… …….and from information and explanations supplied to us.

2. In making this report we have had regard to the unaudited statement of affairs referred to above and, in particular, to the amounts and other information included in that statement of affairs in respect of:

i. funds available, including cash at banks and overdraft and loan facilities;

ii. assets, including property, available to provide security;

iii. costs, including purchase cost or initial payment for vehicles, premises, plant and equipment; and

iv. working capital.

3. We confirm that the unaudited statement of affairs of the firm at ………….......... (date) shows Total Assets less Total Liabilities of Lm …………. at ………………. (date) which, on the basis of the licence application for ….. vehicles (using an exchange rate of €1.00 = Lm0.40), Lm ………….. exceed Lm 3,600 for the first vehicle with a maximum authorised weight in excess of 3.5 tonnes and Lm 2,000 for each additional vehicle to be authorised for use under the firm’s authorisation.

Firm of Accountants ……………………………………………….. Address: ………………………………………………...

…………………………………………………

……………………………………………….

Auditor’s/Accountant’s signature: …………………………………………….. Date: ……………………………….

i.e. A person qualified by virtue of the Companies Act or an Accountant recognised by the Minister responsible for transport.

1) We have audited in accordance with auditing standards the financial statements of …………

………………………, hereinafter referred to as “the company” whose registered office is at

…………………………………… ……..for the year / period ended at ……………………… (date).

2) Our audit report on those financial statements, was without qualification.

OR

Our audit report on those financial statements, which was qualified, was as follows:

3) In making this report we have had regard to the financial statements referred to above and, in particular, to the amounts and other information including those financial statements, in respect of:

i. funds available, including cash at banks and overdraft and loan facilities;

ii. assets, including property, available to provide security;

iii. costs, including purchase cost or initial payment for vehicles, premises, plant and equipment; and

iv. working capital.

4) We confirm that the audited balance sheet of the company at …………………………….. (date) shows Capital and Reserves of Lm ………. which, on the basis of the licence for ……. vehicles (using an exchange rate of €1.00 = Lm0.40), Lm …………… exceed Lm 3,600 for the first vehicle with a maximum authorised vehicles with a maximum authorised weight in excess of 3.5 metric tonnes and Lm 2,000 for each additional vehicle to be authorised for use under the company’s authorisation.

Firm of Accountants ……………………………………………….. Address: ………………………………………………...

…………………………………………………

………………………………………………. Auditor’s/Accountant’s signature: …………………………………………….. Date: ……………………………….

i.e. A person qualified by virtue of the Companies Act or an Accountant recognised by the Minister responsible for transport.

(Regulation 10)

(Stout fawn paper - Format: DIN A4)

CERTIFICATE OF PROFESSIONAL COMPETENCE IN NATIONAL [AND INTERNATIONAL] (1) ROAD HAULAGE (1)

We, the Malta Transport Authority, hereby certify:

(a) that .................................................................................................................................................…………… (Surname and forenames)

born in .............................................................……..(place) on ............................................................……….(date)

has passed the tests of the examination (year: .......................…..; session: ...……..................... ) organised for the award of the certificate of professional competence in national/international (1) road haulage in accordance with the Motor Vehicles (Carriage of Goods by Road) Regulations.

(b) that the person referred to in (a) is qualified to work in a professional capacity in an undertaking responsible for road haulage:

- engaging solely in national transport (1)

- engaging in international transport (1)

This certificate constitutes the sufficient proof of professional competence referred to in regulation 10 of the Motor

Vehicles (Carriage of Goods by Road) Regulations.

Issued at ................................................…... , on ......................................................

………………………………………………………………………………… Stamp of the Authority and Signature of an Authorised Representative

(1) Delete as appropriate

The knowledge to be taken into consideration for the official recognition of professional competence by the Authority must cover at least the subjects listed below for road haulage. In relation to these subjects, applicant road haulage operator must have the levels of knowledge and practical aptitude necessary for the management of a transport undertaking.

The applicant must, in particular:

1. be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom;

2. be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage;

3. be able to consider a claim by his principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects his contractual liability;

4. be familiar with the rules and obligations arising from the CMR Convention on the contract for the international carriage of goods by road.

The applicant must, in particular:

1. be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, keeping records, etc.) and the consequences of bankruptcy;

2. have appropriate knowledge of the various forms of commercial company and the rules governing their constitution and operation.

The applicant must, in particular:

1. be familiar with the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.);

2. be familiar with the employers' social security obligations;

3. be familiar with the rules governing work contracts for the various categories of workes employed by road transport undertakings (form of the contracts, obligations of the parties, working conditions and working hours, paid leave, remuneration, breach of contract, etc.);

4. be familiar with the Motor Vehicles (Carriage of Goods by Road) Regulations and the regulations regulating weights, dimensions and equipment for motor vehicles .

The applicant must, in particular, be familiar with the rules governing:

1. VAT on transport services;

2. motor-vehicle tax;

3. the taxes on certain road haulage vehicles and tolls and infrastructure user charges;

4. income tax.

The applicant must, in particular:

1. be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or method of payment;

2. be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and with the charges and obligations arising from them;

3. know what a balance sheet is, how it is set out and how to interpret it;

4. be able to read and interpret a profit and loss account;

5. be able to assess the undertaking's profitability and financial position, in particular on the basis of financial ratios;

6. be able to prepare a budget;

7. be familiar with his undertaking's cost elements (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne;

8. be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to organise work plans, etc.;

9. be familiar with the principles of marketing, publicity and public relations, including transport services sales promotion and the preparation of customer files, etc.;

10. be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and with the guarantees and obligations arising therefrom;

11. be familiar with the applications of electronic data transmission in road transport;

12. be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms;

13. be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status.

The applicant must, in particular:

1. be familiar with the occupational regulations governing road transport for hire or reward, industrial vehicle rental and sub-contracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for intra- and extra-Community road transport operations, inspections and sanctions;

2. be familiar with the rules for setting up a road transport undertaking;

3. be familiar with the various documents required for operating road transport services and be able to introduce checking procedures for ensuring that the approved documents relating to each transport operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking;

4. be familiar with the rules on the organisation of the market in road haulage services, on freight handling and logistics;

5. be familiar with frontier formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use.

The applicant must, in particular:

1. be familiar with the rules concerning the weights and dimensions of vehicles in the Member States and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules;

2. be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking;

3. be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles;

4. understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions;

5. be able to draw up periodic maintenance plans for the vehicles and their equipment;

6. be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading goods (load distribution, stacking, stowing, blocking and chocking, etc.);

7. be familiar with the various techniques of “piggy-back” and roll-on roll-off combined transport;

8. be able to implement procedures for complying with Maltese laws and regulations in force governing the carriage of dangerous goods and waste;

9. be able to implement procedures for complying with the rules on the carriage of perishable foodstuffs, notably those arising from the Agreement on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage (ATP);

10. be able to implement procedures for complying with the rules on the transport of live animals.

The applicant must, in particular:

1. know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.);

2. be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in different Agreement States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.);

3. be able to draw up drivers’ instructions for checking their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken;

4. be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures for preventing the recurrence of accidents or serious traffic offences.

1. The Authority shall organise a compulsory written examination which it may supplement by an optional oral examination to establish whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in A, in particular, their capacity to use the instruments and techniques relating thereto and to fulfil the corresponding executive and co-ordination duties.

(a) The compulsory written examination shall involve two tests, namely:

- written questions consisting of either multiple choice questions (each with four possible answers), questions requiring direct answers or a combination of both systems,

- written exercises/case studies.

The minimum duration of each test is two hours.

(b) Where an oral examination is organised, Member States may stipulate that participation is subject to successful completion of the written examination.

2. Where the Authority also organises an oral examination, they must provide, in respect of each of the three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the total number of marks to be given.

Where the Authority organises only a written examination it shall provide, in respect of each test, for a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to be given.

3. With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of marks to be given, achieving in any given test not less than 50 % of the total number of marks possible. In one test only, the Authority may reduce that mark from 50 % to 40 %`.

(Regulation 16)

Training leading to the award of a certificate of professional competence shall include at least the following subjects, to the extent that they are not already covered by training for a driving licence under the Motor Vehicles (Driving Licences) Regulations 2002.

1. Knowledge of the construction and main component parts of a vehicle

1.1. Knowledge of the construction and functioning of:

- internal combustion engines,

- lubrication and cooling systems,

- the fuel system,

- the electrical system,

- the ignition system,

- the transmission system (clutch, gearbox, etc.)

1.2. General knowledge of lubrication and antifreeze protection

1.3. Knowledge of the precautions to be taken during the removal and replacement of wheels

1.4. Knowledge of the construction, fitting, correct use and care of tyres

1.5. Knowledge of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings, and knowledge of coupling systems

1.6. Knowledge of methods of locating causes of breakdowns

1.7. Knowledge of how to repair minor breakdowns with the aid of the correct equipment

1.8. General knowledge of preventive maintenance of vehicles and necessary running repairs.

2. General knowledge of transport and administrative procedures

2.1. General ability and sufficient geographical knowledge to use road maps and their indexes

2.2. Economical use of vehicles

2.3. Knowledge of the steps to be taken after an accident or similar occurrence (e.g. fire) in connection with vehicle insurance

2.4. Knowledge of the national legislation applicable to drivers of goods vehicles:

2.5. Elementary knowledge of the driver’s responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions

2.6. Knowledge of the vehicle and transport documents required for the national and international carriage of goods

2.7. Knowledge of the techniques of loading and unloading goods and of the use of loading and unloading equipment

2.8. Basic knowledge of the precautions to be taken in the handling and carriage of dangerous goods

3. Experience of driving goods vehicles

3.1. Practical experience of driving and manoeuvring vehicles of more than 7.5 metric tons and using a coupling device

(Regulations 32, 33)

Types of carriage to be exempted from any carriage authorisation

1. Carriage of mail as a public service.

2. Carriage of vehicles which have suffered damage or breakdown.

3. Carriage of goods in motor vehicles the permissible laden weight of which, including that of

trailers, does not exceed six tonnes or the permissible payload of which, including that of trailers, does not exceed 3.5 tonnes.

4. Carriage of goods in motor vehicles engaged in ‘own account’ transport.

5. Carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.

(Regulation 43)

1. The transport of goods by motor vehicles whose Total Permissible Laden Weight (TPLW), including trailers, does note exceed 6 tonnes, or when the permitted payload, including trailers, does not exceed 3.5 tonnes.

2. The transport of goods on an occasional basis, to or from airports, in cases where services are diverted.

3. The transport of vehicles which are damaged or have broken down and the movement of breakdown repair vehicles.

4. Unladen runs by a goods vehicle sent to replace a vehicle, which has broken down in another country, and also the return run, after repair, of the vehicle that had broken down.

5. Transport of livestock in vehicles purpose-built or permanently converted for the transport of livestock and recognised as such by the Authority.

6. Transport of spare parts and provisions for ocean-going ships and aircraft.

7. Transport of medical supplies and equipment needed for emergencies, more particularly in response to natural disasters and humanitarian needs.

8. Transport for non-commercial purposes of works and objects of art for fairs and exhibitions.

9. Transport for non-commercial purposes of properties, accessories and animals to or from theatrical, musical, film, sports or circus performances, fairs or fêtes, and those intended for radio recordings, or for film or television production.

(Regulation 34)

This authorisation entitles1

to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts of journeys effected for hire or reward within the territory of the Agreement States, in accordance with the Motor Vehicles (Carriage of Goods by Road) Regulations.

Name and Surname

Permanent Address

Passport Number: Place of Issue: Date of Issue: Date of Expiry:

Particular remarks:

This authorisation shall be valid from to

Issued in on

2

1 Name or business name and full address.

2 Signature and stamp of the Authority.

(Regulation 39 and 45)

Member countries that participate in the “green” lorry scheme have more licences than they would have had if they kept “basic” licences, although their licences can only be used for the carriage of goods by means of lorries complying with the following standards:

a) Noise emissions for the vehicle

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published

under the Product Safety Act (Cap 427) 2001 or ECE Regulation N° 51/02 and KDV 19671)

78 dB (A) for vehicles with power up to 150 kW

80 dB (A) for vehicles with power over 150 kW.

b) Chemical exhaust emissions for diesel engines

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) 2001, or in ECE Regulation N° 49/02, approval A [“EUR01”], as far as production conformity is concerned)

CO: 4.9g/kWh HC: 1.23g/kWh Nox: 9.0g/kWh Part: 0.4g/kWh2

A certificate of conformity with these standards is to be carried on board the vehicle together with the logbook. People authorised to fill it in are either the manufacturer or the authorised representative of the manufacturers in the State of registration. In the latter case, the authorised representative has also to indicate the name of the manufacturer of whom he is the authorised representative. The certificate is issued once for the vehicle and does not have to be renewed, unless the basic data indicated on it, for any kind of emissions, have been changed. The certificate is available either in English or in French or in German. It must be accompanied by translations into the other two languages. In any event, should an on-the-spot check show that the emission values given on the certificate are exceeded, it is considered that the technical specifications have not been met. In such a case, the certificate is deemed to be invalid.

To facilitate and speed up frontier crossings, it is strongly recommended that “green lorries” should display at the front of the vehicle a magnetic “badge” or sticker. The badge should be green (background) and white (border) and bear the inscription “U” or “E” (Umwelt=Environment).

1 KDV - Kraftfahrgesetz-Durchfuhrungsverordnung - HGV Act implementing regulations (Austria).

2 In the case of engines of 85 kW or less, a coefficient of 1.7 is applied to the limit value for particles emissions.

The requirements for the “greener and safe” lorry are the following:

Noise emissions for the vehicle

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) or in ECE Regulation No. 51/02 and KDV 19673)

78 dB(A) for vehicles < 150 kW

80 dB(A) for vehicles > 150 kW

Chemical exhaust emissions for diesel engines

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) 2001 or in ECE Regulation No. 49/02, approval B, [“EURO 2”]) CO: 4.0g/kWh

HC: 1.1g/kWh

Nox: 7.0g/kWh particle: 0.15g/kWh

Minimum technical and safety requirements

1. Vehicles and their trailers must have a minimum tread depth of 2 mm on all tyres.

2. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to in the regulations quoted must have a rear underrun protection device (according to ECE Regulation N° 58/01 or in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) ).

3. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to in the regulations quoted, must have lateral underrun protection guards, in accordance with ECE Regulation N° 73/00 or in the Motor Vehicle (EC Type Approval) Regulations LN

95/02 published under the Product Safety Act (Cap 427) .

4. Vehicles must have hazard warning signal, in accordance with ECE Regulation N° 6/01 or in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) , and a red warning triangle, in accordance with ECE Regulation N° 27/03.

5. Vehicles must use a tachograph, in accordance with ECE/UN “AETR Agreement” or these Regulations and any other relevant regulations issued under the Traffic Regulation Ordinance (Cap 65)

6. Vehicles must have speed limitation devices according to ECE Regulation 89 or according to the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) .

7. Heavy and long vehicles must have retroreflecting rear marking plates according to ECE Regulation No 70/01.

8. Vehicles must have anti-lock brakes (in accordance with ECE Regulation 13/09 or the

Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product

Safety Act (Cap 427) ).

3 KDV = Kraftiahrgesetz-Durchfuhrungsverordnung = HGV Act implementing regulations (Austria)

9. Vehicles must have a steering device in accordance with ECE Regulation 79/01 or the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) .

10. Vehicles must fulfil the requirements concerning the roadworthiness test as laid down in the Motor Vehicles (Roadworthiness Test) Regulations 1998 . In compliance with this Regulation, the roadworthiness test has to be passed every year, so that the certificate of compliance must not be older than 12 months;

Furthermore, ECMT licences for the “greener and safe” lorry can only be used by vehicles which comply with the technical specifications set out above and are valid only if they are accompanied by fully completed certificates indicating compliance with these technical standards. The certificates are available either in English or in French. They must be accompanied by translations into two other languages, which are German and the national language of the country of registration of the vehicle.

The certificates are available either in French or in English. They must be accompanied by translations into two other languages, which are German and the national language of the country of registration of the vehicle.

The certificate concerning noise and exhaust emissions requirements for “greener and safe” lorries, can be filled in by the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country of registration. In the latter case, the authorised Representative has also to indicate the name of the manufacturer of whom he is the authorised representative.

The certificate is issued once for the vehicle and does not have to be renewed, unless the basic data indicated on it, for any kind of emissions, have been changed. The certificates already filled-in (2001) will therefore remain valid as far as the basic data indicated on them have not been changed. For certificates to be issued for new vehicles or for vehicles where the basic data have been changed, countries should however gradually use the new models for certificates as shown in Annex 5 of the ECMT Agreement, at the latest as of 1 January 2002.

The certificate concerning safety requirements for “greener and safe” lorries can be filled in either by:

- the competent validation Services in the country of registration, if this country does not authorise Representatives of Manufacturers;

- the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country of registration, or

- a combination of the competent validation Services in the country of registration and the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the

country of registration, when all the equipment is not fitted by the vehicle Manufacturer.

In case of an “authorised Representative”, he has also to indicate the name of the manufacturer of whom he is the authorised Representative. The certificate concerning safety requirements for “greener and safe’’ lorries has to be renewed at least every year, by means of a roadworthiness test.

Furthermore, minimum safety requirements are required for both the vehicle itself and the trailer. Therefore, a specific certificate should be filled-in for trailers when they are registered and checked for roadworthiness test.

These various certificates must be filled-in according to the provisions set out in the respective

Annexes of the ECMT Agreement, by:

— the Body or Establishment designated and directly supervised by the State of

Registration for the purpose of (Motor Vehicle (EC Type Approval) Regulations LN

95/02 published under the Product Safety Act (Cap 427) ), or for newly manufactured vehicles:

— the competent validation Services in the country of registration;

— the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country of registration, or

— a combination of the competent validation Services in the country of registration and the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country of registration, when all the equipment is not fitted by the vehicle Manufacturer.

In any event, should an on-the-spot check show that the emission values and safety requirements given on the certificate are not fulfilled, it is considered that the technical specifications have not been met. In such a case, the certificate is deemed to be invalid.

To facilitate and speed up frontier crossing, it is strongly recommended that greener and safe lorries should display at the front of the vehicle a “magnetic” badge or sticker modelled on that reproduced in Annex 10 of the ECMT Agreement. The badge shall be green (background) and white (border) and bear the inscription “S” in white (Sur=Safe=Sicher).

The requirements for the “EUR03 safe” lorry are the following:

Noise emissions for the vehicle

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) or in ECE Regulation No. 51/02 and KDV 19674)

78 dB (A) for vehicles < 150 kW

80 dB (A) for vehicles > 150 kW

Chemical exhaust emissions for diesel engines

(as laid down in ECE Regulation No. 49/035, approval A or the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) , and according to ESC and

ELR test cycles)

(as laid down in ECE Regulation No. 49/035, approval A or in the Motor Vehicle (EC Type Approval)

Regulations LN 95/02 published under the Product Safety Act (Cap 427) , and according to ETC test cycle)

CO: 5.45g/k/WH NM.HC: 0.78g/kWh CH44 1.6 g/kWh Nox: 5.0g/kWh

Particles: 0.16[0.21’7]g/kWh

4 KDV - Krattfahrgesetz-Durchfiihrungsverordnung = HGV Act implementing regulations (Austria).

5 As soon as the amendment including the provisions of Directive 1999/96/EC is implemented.

6 For engines having each cylinder under a 0.75 dm3 and nominal regime above 3000 min

7. Only for natural gas engines and according to the provisions set up for ETC tests (cf. Annex III, Appendix 2. point 3.9 Directive

1999/96/EC)

Minimum technical and safety requirements

1. Vehicles and their trailers must have a minimum tread depth of 2 mm on all tyres.

2. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to in the regulations quoted must have a rear underrun protection device (according to ECE Regulation N° 58/01 or the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) ).

3. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to in the regulations quoted, must have lateral underrun protection guards, in accordance with ECE Regulation N°

73/00 or the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) .

4. Vehicles must have rear mirror according to ECE/UN Regulation R.46/01 or to the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) .

5. Vehicles must have lighting and light signalling devices, in accordance with ECE Regulation R.48/01 or with the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) .

6. Vehicles must use a tachograph, in accordance with ECE “AETR Agreement” or the regulations regulating weights, dimensions and equipment for motor vehicles .

7. Vehicles must have speed limitation devices according to ECE Regulation R.89 or according to any other relevant regulations issued under the Traffic Regulation Ordinance (Cap 65)

8. Heavy and long vehicles must have retroreflecting rear marking plates according to ECE Regulation R. 70/01.

9. Vehicles must have anti-lock brakes (in accordance with ECE Regulation R.I 3/09 or the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427) ).

10. Vehicles must have a steering device in accordance with ECE Regulation R.79/01 or the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act (Cap 427).

Vehicles must fulfil the requirements concerning the roadworthiness test as laid down in the Motor Vehicle (Roadworthiness Test) Regulations 1998. In compliance with these Regulations, the roadworthiness test has to be passed every year, so that the certificate of compliance must not be older than 12 months.

Furthermore, ECMT licences for the “EUR03 safe” lorry can only be used by vehicles which comply with the technical specifications set out above and are valid only if they are accompanied by fully completed certificates indicating compliance with these technical and safety standards.

The certificates are available either in English or in French. They must be accompanied by translations into two other languages, which are German and the national language of the country of registration of the vehicle.

The certificate concerning noise and exhaust emissions requirements for “EUR03 safe” lorries, can be filled in by the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country of registration. In the latter case, the authorised Representative has also to indicate the name of the manufacturer of whom he is the authorised Representative.

This certificate is issued once for the vehicle and does not have to be renewed, unless the basic data indicated on it, for any kind of emissions, have been changed. The certificate concerning safety requirements for “EUR03 safe” lorries, can be filled in either by the competent validation Services in the country of registration, if this country does not authorise Representatives of Manufacturers:

— the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country

of registration, or

— a combination of the competent validation Services in the country of registration and the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country of registration, when all the equipment is not fitted by the vehicle Manufacturer.

In case of an “authorised Representative”, he has also to indicate the name of the manufacturer of whom he is the authorised Representative. The certificate concerning safety requirements for “EUR03 safe” lorries has to be renewed at least every year, by means of a roadworthiness test.

Furthermore, minimum safety requirements are required for both the vehicle itself and the trailer. Therefore, a specific certificate should be filled-in for trailers when they are registered and checked for roadworthiness test.

These various certificates must be filled-in according to the provisions set out in the respective

Annexes of the ECMT Agreement, by:

— the Body or Establishment designated and directly supervised by the State of

Registration for the purpose of the Motor Vehicle (Roadworthiness Test) Regulations

1998, or

— for newly manufactured vehicles:

— the competent validation Services in the country of registration;

— the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country of registration, or

— a combination of the competent validation Services in the country of registration and the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the country of registration, when all the equipment is not fitted by the vehicle Manufacturer.

In any event, should an on-the-spot check show that the emission values and safety requirements given on the certificate are not fulfilled, it is considered that the technical specifications have not been met. In such a case, the certificate is deemed to be invalid.

To facilitate and speed up frontier crossing, it is strongly recommended that EUR03 safe lorries should display at the front of the vehicle a “magnetic” badge or sticker modelled on that reproduced in Annex

10 of the ECMT Agreement. The badge should be green (background) and white (border) and bear the inscription “3” in white (3=EUR03).

(Regulation 51)

(Thick Pink Paper- format DIN A4) (First Page of Cabotage Authorisation)

(Text to be worded in English and Maltese)

This authorisation entitles

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

…………………………………………………………………………………………………………… (Name, or registered business name, and full address of the haulier)

to carry goods by means of a motor vehicle or a coupled combination of vehicles within Malta where he is not established in Malta and to move such vehicle or combination of vehicles unladen over any part of Malta, as laid down in the Motor Vehicles (Carriage of Goods by Road) Regulations and subject to the general provisions of this authorisation.

From…………………………….. to………………………………………..

Issued at…………………………………… date………………………………………

(b)

(Second page of cabotage authorisation) (Text to be worded in the Maltese and English) General provisions

This authorisation permits the national carriage of goods by road in Malta by non-resident hauliers. This authorisation is personal to the holder and non-transferable.

This authorisation may be withdrawn by the Malta Transport Authority or, where the authorisation is a forgery, by the competent authorities in the countries in which the cabotage transport operations are carried out.

This authorisation may be used for only one vehicle at a time.

In the case of a coupled combination of vehicles, this authorisation shall accompany the motor vehicle. This authorisation must be carried in the vehicle and must be accompanied by a book of record sheets

for all national cabotage operations effected under it.

The cabotage authorisation and the book of record sheets must be filled in before the cabotage operations begin.

The authorisation and the book of record sheets for national cabotage operations must be produced together whenever required by an authorized inspecting officer.

The performance of cabotage transport operations shall be subject to the laws, regulations and administrative provisions in force in Malta in the following areas:

(a) rates and conditions governing the transport contract;

(b) the regulations regulating weights, dimensions and equipment for motor vehicles .

(c) requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs, live animals;

(d) driving and rest time;

(e) VAT on transport services.

The technical standards of construction and equipment which vehicles used to carry out cabotage operations must meet those laid down for vehicles put into circulation in international transport.

This authorisation must be returned to the Malta Transport Authority within eight days following its date of expiry.

(Regulation 56)

(a) (Format DIN A4)

(Front cover of book of record sheets)

(Text in Maltese and English)

This book is valid until ……………………………………………………………………………….(1) Issued at ……………………………………… date ……………………………………………….

(2)

1 The period of validity may not exceed that of the cabotage authorisation.

2 Stamp of the competent authority or agency issuing the book

(b)

(Inside front cover of book of records sheet) (Text in Maltese and/or English)

1. This book of record sheets contains 25 detachable sheets, numbered 1 to 25, on which details must be given, at the time of loading, of all goods transported under the cabotage authorisation to which they relate. Each book is numbered and that number is marked on every page of the book.

2. The haulier is responsible for the proper completion of the records of national cabotage operations.

3. The book must accompany the cabotage authorisation to which it relates and be kept on board the vehicle travelling laden or unladen under the said authorisation. It must be produced whenever required by an authorized inspecting officer.

4. Record sheets must be used in numerical order and the successive loading operations must be entered in chronological order.

5. Each item in the record sheet must be completed accurately and legibly by printing in indelible ink.

6. Not later than eight days after the end of the month to which the sheet relates, each completed record sheet must be returned to the Malta Transport Authority. Where an operation spans two census periods, the date of loading determines the period which the record must cover (e.g. an operation beginning towards the end of January and ending in the early part of February should be included in the January return).

(c)

(Front of the page inserted before the 25 detachable sheets) (Text in Maltese and English )

Explanatory notes

The information to be given on the following sheets relates to all goods transported under the cabotage authorisation to which this record book relates.

A separate line on this sheet must be completed for each consignment of goods loaded.

Column 2: give, where appropriate, the information requested by the Malta Transport Authority; Column 3: give the day (01, 02 . . . 31) of the month indicated at the top of the sheet during which the

vehicle departed under load;

Column 4 and 5: specify the place and, if necessary to make this clear, the department, province,

‘Land’, etc.;

Column 7: state the distance travelled between the place of loading and the place of unloading;

Column 8: give the weight in tonnes to one decimal point (e.g. 10,0 t) of the consignment of goods in the same way as for the customs declaration; do not include the weight of containers or pallets;

Column 9: in addition, describe as accurately as possible the goods in the consignment; Column 10: for official use only.

(d)

Name and address of haulier

Day/Month/Year GOODS CARRIED: Authorisation number: Book number:

Record sheet number:

(Regulation 19)

This attestation certifies that on the basis of the documents presented by

(Name and business address of the haulier)

the following driver:

Name and Forename: Date and place of birth: Nationality: Date of issue: Place of issue: Driving Licence Number: Date of issue: Place of issue:

Social Security Number:

Is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the laws and regulations in force in Malta, on the conditions of employment and of vocational training of drivers in force in Malta to carry out road transport operations in Malta.

Particular Remarks:

This attestation shall be valid from to

Issued in on

Signature and stamp of the Authority

(Second page of the Attestation) (Text in Maltese or English)

This attestation is issued under the Motor Vehicles (Carriage of Goods by Road) Regulations.

It certifies that the driver named therein is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in Malta mentioned on the attestation, on the conditions of employment and vocational training or drivers applicable in Malta to carry out road transport operations in Malta.

The driver attestation shall belong to the haulier , who puts it at the disposal of the driver designated therein when that driver drives a vehicle as defined in the regulations, engaged in carriage using a community authorisation issued to that haulier. The driver attestation is not transferable. The driver attestation shall be valid only as long as the conditions under which it was issued are still satisfied and must be returned immediately by the haulier to the Authority if these conditions are no longer met.

It may be withdrawn by the Authority, in particular where the haulier has:

- not complied with all the conditions for using the attestation;

- supplied incorrect information with regard to the data needed for the issue or extension of the attestation.

A certified true copy of the attestation must be kept in the vehicle and must be produced by the driver whenever required by an authorised inspecting officer.